Electronic Records Management: The Legal Problem That Lurks Behind the Scenes
You think your client's company has a good case. From what you can gather, the allegations that your company, or one you represent, stole trade secrets from a rival are completely unfounded. But then you enter discovery. Your opposition requests a whole host of e-mails ' predictable these days. <br>Outside and in-house counsel quickly realize that with all the storage IT departments have added to accommodate the expanding volume of e-mails a company produces, some firms have no systematic program for eliminating no-longer needed e-mails. As a result, you learn that the amount of e-mails and related electronic documents that must be retrieved under discovery is staggering - hundreds of thousands. It soon becomes clear that, although the case should have been defendable, it's more financially sound for the company to begin negotiating a settlement.
The Powerful Impact of the Non-Foreclosure Notice of Pendency
RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an <i>ex parte</i> CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
Index
A list of everything contained in this issue, for your easy access.
Debtor Misconduct and Administrative Rejection Claims
Can a debtor's conduct give rise to an administrative rejection claim? The answer to this question was set forth in a memorandum opinion issued by U.S. Bankruptcy Judge Mary F. Walrath on March 31 in <i>The Matter Fleming Cos. Inc., et al., debtors,</i> Case No. 03-10945.
In The Marketplace
Highlights of the latest equipment leasing news from around the country.
The New World Order: Lessors Must Refocus
Over the last year, it has become obvious that there must be a fundamental shift in the way large-ticket leasing companies look at their tax shelter businesses. This article will examine what has brought about this shift and how lessors will find ways to cope with it.
Ford Motor Credit Reaches Settlement with States over Leasing Practices
The office of the Michigan Attorney General has announced that it has reached a multistate settlement with Ford Motor Credit regarding its leasing practices. This settlement will affect more than 150,000 Ford customers and bring $485,500 to the state of Michigan in legal fees and costs.
